In an application for anticipatory bail regarding an old FIR, the High Court, without adjudicating merits or investigating veracity discrepancies, directed the trial court to release the petitioner on bail due to justice concerns stemming from the delay.
Directed the trial court to release the petitioner on bail to its satisfaction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Misc No. M 18414 of 2011
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc No. M 18414 of 2011 Date of decision : October 18, 2011
Harpal Singh,
...... Petitioner
v.
State of Punjab,
...... Respondent
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
Present : Mr. R.K.Dadwal, Advocate for the petitioner.
Mr. S.S.Gill, DAG Punjab
1. Whether Reporters of Local Newspapers may be allowed to see the judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest ?
AJAY TEWARI, J (Oral)
The petitioner seeks grant of anticipatory bail in case FIR No.53, dated 11.10.2009, registered under Sections 392/34 of the IPC, at Police Station Mehtiana, District Hoshiarpur.
On 19.7.2011, the following contention was noticed :-
“ Learned counsel for the petitioner has argued that in this FIR of October 2009 the police has now inexplicably started raiding the house of the petitioner on the basis of some alleged disclosure statement which was made one month after the FIR.”
Thereafter, an affidavit was filed where it has been stated that
despite various visits made to the village of the petitioner, he could not be apprehended since he was not available at the spot.
Counsel for the petitioner has argued that for the first time, the
Crl. Misc No. M 18414 of 2011 ::2::
police came to his house in the end of March, 2011 when the proclamation notice was pasted at the door of his house and thereafter he moved the application for anticipatory bail. On merits, counsel for the petitioner has argued that as per the FIR, the assailants came in a black Safari but as per the disclosure statement, it was stated that the assailants had come in a white Maruti car.
Counsel for the respondent has opposed the prayer for bail by arguing that one tractor is still to be recovered.
Without going into the merits of the case but considering the fact that the FIR is more than two years old, in my considered opinion it would not be in the interest of justice to subject the petitioner to custody. In the circumstances, the petitioner is directed to appear before the trial Court on the date fixed, and the trial Court shall release him on bail to its satisfaction.
Petition stands disposed of.
( AJAY TEWARI ) October 18, 2011. JUDGE `kk'
1 issue framed by the court
Whether the petitioner is entitled to the relief of anticipatory bail in an FIR registered over two years prior.
Harpal Singh
State of Punjab
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
